Our Terms and Conditions apply to all purchases and sales of items offered here, and your purchase means you have accepted our Terms and Conditions of Sale in effect as of the date of purchase. We disclaim any other Terms and Conditions contained in any customer purchase order, order form or otherwise unless expressly agreed to by us in writing. Purchase orders must be strictly in conformity with these Terms and Conditions; inconsistent or conflicting terms in any purchase order or sale acknowledgment are rejected and shall be controlled by these Terms and Conditions unless agreed to by the customer and MTP in a separate mutual writing. Additional terms are not binding unless agreed to by an officer of MTP in a separate writing. We reserve the right to decline fulfilling orders at our discretion.
Pricing & Charges
Wholesale: MTP sells its complete offering wholesale to business customers, while in some cases also serving individuals. Prices listed are wholesale, do not include freight, handling fees, taxes, and/or duties, and are subject to correction or change without notice.
Sales Tax: Customer is responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. When placing an order, customer is responsible for informing MTP if they are purchasing a product which they are not exempt from sales tax.
Product: Prices and charges in this website are effective immediately upon display and are subject to change without notice. All prices are quoted in U.S. dollars. We reserve the right to pass on any surcharges or impose purchase restrictions or limits at any time. Prices and availability may vary.
Charges: All orders are subject to applicable shipping, freight, taxes and processing charges. Shipping charges for ground service on all stocking orders are determined by using a flat rate table that is based on the combined weight of all items on the order. There are no additional charges for split shipments on MTP stocking orders. This simplified table approach gives MTP the ability to quote freight at the time of the order. Flat table charges are intended to approximate MTP's average cost to process and ship a package of similar weight characteristics. In some cases, shipping charges may be less than or greater than MTP's actual cost to process and ship.
Carrier Surcharges: Carriers may impose surcharges, which vary by carrier and may change at the carrier's discretion. MTP will pass on the surcharge.
MTP has multiple payment/billing options.
MTP makes available certain payment processes through which you can provide payment information to us when you pay for your order (our "Authorized Payment Processes"). Examples of our Authorized Payment Processes include providing payment information by telephone, through our website checkout page or using an established Electronic Data Interchange (EDI). MTP has implemented physical, technological and administrative safeguards intended to protect the information that you provide using one of our Authorized Payment Processes. These safeguards include, for example, encryption of Internet communications. If you do not use an Authorized Payment Processes, and you submit payment information through some other method (such as via email or fax), then the safeguards provided by our Authorized Payment Processes will not protect your payment information, and you provide such information at your own risk. MTP expressly disclaims all responsibility regarding the collection, use and protection of information that you do not submit through an Authorized Payment Process.
It is common for the lead times of MTP products to exceed the authorization period of the payment processor. Because of this, MTP captures all payments made by credit card and Paypal shortly after the order is processed.
For orders shipping within 1-2 business days, MTP captures payment immedietly. For orders with lead times greater than 2 business days, MTP notifies the customer of the lead time, then captures payment 24 hours after notification.
Deliveries are made Monday through Friday, daytime hours only. Most orders are shipped UPS. MTP also uses various carriers for different regions. Items that are drop shipped directly from manufacturers may take longer, so items ordered together may not always arrive in the same box or on the same day. Hazardous materials require special handling, are not service level guaranteed and may be subject to local, state and federal regulations which may delay or prohibit shipments. Hazardous materials will not be shipped to Alaska or Hawaii or exported outside of the contiguous United States. All orders are shipped F.O.B. from MTP's distribution facility or manufacturer's facility for drop shipments. Title and risk of loss pass to customer on delivery to the common carrier or upon customer pickup. Orders placed on Fridays (after your local cut-off time), weekends or holidays will be shipped on the next regular business day. Please check with your MTP sales representative for more information at order time. See Warranties-Limited Liability.
Damaged or Lost Shipments
UPS, Fed-Ex Ground, other package carriers: Check your order immediately upon arrival. All damages must be noted on delivery receipt. All shortages and damages must be called into Machine Tool Products at (765)-533-6719 or e-mailed to email@example.com within 7 calendar days.
Machinery Shipments: Call 765-533-6719 or e-mail firstname.lastname@example.org. All damaged containers and merchandise must be kept for inspection. If product was damaged in transit, you must file a claim with the carrier.
Truck Shipment (when you select the carrier): Check your order immediately upon arrival. All damages must be noted on delivery receipt. All damages and shortages must be called in to the trucker you chose within 7 days. All damaged containers and merchandise must be kept for your trucker to inspect. At that time, you will file a claim with your trucker. Damaged Hazardous Materials must be returned through the freight company prior to acceptance of delivery (See Returns and Repairs Section).
General Merchandise Warranty: Except as otherwise stated, the only warranties applying to materials sold are those, if any, specifically provided by the manufacturer to be honored by the manufacturer. Items marked Lifetime Warranty are subject to manufacturer's warranty terms. EXCEPT AS SET FORTH HEREIN, MTP MAKES NO WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED. MTP DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, QUALITY, DURABILITY, SUITABILITY, OR NON-INFRINGEMENT INCLUDING WITHOUT LIMITATION IN THOSE INSTANCES WHERE CHANGES, ALTERATIONS OR MODIFICATIONS ARE MADE IN MATERIALS AT THE REQUEST OR INSTRUCTION OF THE CUSTOMER, AND THE CUSTOMER AGREES NOT TO CLAIM OR COMMENCE SUIT AGAINST MTP BASED ON ANY SUCH DISCLAIMED WARRANTIES OR SUCH MANUFACTURER'S WARRANTIES. OUR OBLIGATION IS LIMITED ONLY TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS OR, AT OUR SOLE OPTION, TO REFUND THE PURCHASE PRICE. A full refund will be given, subject to our Q.A. inspection, for any defective item returned to us and received by us within 30 days of the date of shipment in its original packaging.
Manufacturer's Responsibility: The customer recognizes that MTP is a distributor and not a manufacturer, fabricator or packager, and all applicable product specifications, representations and warranties are solely those of the fabricator, manufacturer or packager of the products sold. MTP's liability hereunder for any claim of loss or damage of any kind whatsoever by the customer arising from a breach of any such specifications, representations or warranties by the manufacturer, fabricator or packager shall be limited to reimbursement of the price paid for the specific item sold, and other than such reimbursement, as between the customer and MTP, the customer's sole and exclusive recourse for such loss or damage is to the manufacturer, fabricator or packager of the products. Customer waives any right of set-off or cover under the Uniform Commercial Code or otherwise.
Limited Liability: IN NO EVENT SHALL MTP BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THE PURCHASE, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED OPPORTUNITY OR PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MTP shall not be responsible for computer or electronic interruptions, mechanical or electrical breakdowns, strikes, labor slowdowns, war, terrorism, riots, severe weather conditions, natural disasters, acts of God or any other forces beyond the reasonable control of MTP, shipments and other non-scheduled carriers, branch shipments (due to earlier pickups), back ordered items, replacement orders, new accounts (first order), orders requiring credit review, and supplier manufacturing deficiencies.
The value of the defective product or material is our only liability. All specifications and technical data have been supplied by the manufacturer and are listed only as a convenience. We do not warrant or represent that the merchandise complies with the provisions of any law, particularly the Walsh-Healey Public Contracts Act, and the Occupational Safety and Health Act of 1970, and regulations promulgated thereunder, unless the manufacturer so warrants.
Compliance with Laws
Some products may be obtained from multiple supply sources located throughout the United States or internationally and shipped directly to the customer without sending the item through MTP. Many states and localities have codes and regulations governing sale, offering for sale, distribution, construction, installation and use of products for certain purposes and/or containing certain regulated substances, which may vary from those in neighboring areas. MTP relies upon information provided by the supplier of these products to ensure they are compliant with the laws of the jurisdiction into which the product is shipped. The information provided by the supplier as to the ability of the product to be sold or distributed in any particular jurisdiction is believed by MTP to be accurate. MTP, however, shall not be responsible for how products are used or installed or for the product's conformance to regional, state, or local codes or regulations. MTP does not guarantee compliance with any law and assumes no responsibility for how the items are used or installed. Customer has the sole responsibility for compliance with all applicable codes, regulations and laws and before purchase and use of the product must review and ensure full compliance with such codes, regulations and laws concerning the use or installation of the products.
Environmental & Safety
Safety Data Sheet (SDS)
An SDS is a document that is required by the Occupational Safety and Health Administration (OSHA) and provides specific Safety, Health and Environmental information about a product deemed to be hazardous (e.g. Hazardous Ingredients, Physical Hazards, Health Hazards, Safe Handling, Control Measures and more.) Manufacturers or importers are required to produce SDSs and employers are required to have them available for their staff as per OSHA's Hazard Communication Standard 29 CFR. 1910.1200. MTP expressly relies on the evaluation of the chemical manufacturer/importer contained therein. MSC provides SDSs when required. An SDS will be provided for a product when: You order the product for the first time, an updated SDS is received from the manufacturer/importer, or you request another SDS. SDSs will be provided via the following means: (i) accessing MTP's website (machinetoolproducts.com), (ii) contacting your local sales office (phone #), (iv) requesting an SDS when ordering a product, or (v) contacting MTP in writing requesting an SDS.
Returns & Repairs
Except as otherwise provided, no material will be accepted for return after 30 days from date of shipment. To return merchandise, you must either call MTP at 765-533-6719 for a Return Authorization or fill out our online return form. No returns will be accepted without a Return Authorization. Include with your return a copy of your invoice or packing slip. All merchandise must be returned in its original packaging and condition. Any claims for discrepancies in shipment must be made within 7 days of receipt of merchandise. C.O.D. returns will not be accepted. Shipping charges for returned items must be prepaid. No return of altered or etched items. A re-stocking charge may be applied.
Because of the special nature of the products, we will be glad to cut products to length per your specifications. We reserve the right to charge a service fee for difficult or multiple cuts per item. Cut-to-length products, however, are considered final sale, and may not be returned for credit.
MTP products and services, including user manuals and software, are subject to U.S. export control laws, regulations and administrative policies. Customer acknowledges that it is familiar with such laws and regulations and it agrees to abide by them in all respects. Diversion of products and/or services contrary to U.S. law is prohibited. Customer understands that a license, written approval or other authorization may be required from the Bureau of Industry and Security of the U.S. Department of Commerce, the Directorate of Defense Trade Controls of the U.S. Department of State or other U.S. government agency prior to the export or re-export of these items from the United States Guidance may be found athttp://www.bis.doc.gov or http://www.pmddtc.state.gov. Customer further understands that it is unlawful to export, re-export or transfer, or to attempt to export, re-export or transfer these items to individuals or entities on the List of Debarred Parties, Denied Persons List, Specially Designated Nationals List, Entity List, Unverified List or Nonproliferation Sanctions List, as well as sales or transfers to Embargoed Countries (currently, Cuba, Iran, North Korea, Syria and Sudan). It is the customer's responsibility to be aware of these Lists and Embargoes. These Lists may be accessed at http://export.gov/ecr/eg_main_023148.asp.
MTP and Customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer will not have the right to bind or otherwise obligate MTP in any manner, nor will Customer represent to anyone that it has the right to do so.
Customer shall not assign any order, or any interest therein, without the prior written consent of MTP. Any actual or attempted assignment without MTP's prior written consent shall entitle MTP to cancel such order upon notice to Customer.
If MTP and Customer mutually agree to use an Electronic Data Interchange ("EDI") system to facilitate purchase and sale transactions, Customer agrees that it will not contest: (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. MTP and Customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by MTP regarding EDI purchases made by Customer shall be deemed to be conclusive.
Customer shall have no right to copy or use any of the intellectual property of MTP or its suppliers without MTP's permission. All materials contained in MTP's website are subject to the ownership rights of MTP and its suppliers.